Charleston DUI News for 09-15-2018

VT DWI Penalties, OUI Laws, Suspensions and Refusal Information.

ISSUE ONE: The Vermont Implied Consent / Civil License Suspension Proceeding: Under Vermont law, every person who operates, attempts to operate, or is in actual physical control of any vehicle on a highway in the State of Vermont is deemed to have given consent to an evidentiary test of that person’s breath for the purpose of determining the person’s alcohol concentration or the presence of other drug in the blood. Pursuant to Vermont’s implied consent law, your Vermont drivers license was most likely suspended for anywhere from 90 days to six months for failing or refusing a breath test if this is your first offense. ISSUE TWO: The Vermont DUI / OUI / DWI Criminal Case: Separate from the administrative license proceeding is the criminal charge for operating a vehicle under the influence of intoxicating liquor or other substance. RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUI charge, your Vermont license for between 90 days and life depending on your DUI / DWI / OUI history. Unlike some states, there is no anti-plea bargaining statute for DUI charges in the State of Vermont.

I am licensed to drive in a state other than Vermont and I was cited for a DUI / OUI / DWI in Vermont. If you are a Vermont licensed driver and you are convicted of a DWI / OUI / DUI in another state, Vermont will suspend your license if it learns of your conviction. Vermont does not currently require the installation of ignition interlock devices in vehicles driven by persons convicted of a DUI offense. Many states require an IID following a DUI conviction, but Vermont does not. If you are convicted of a DUI offense in Vermont, your insurance company will learn of your DUI because you will have to proof of Financial Responsibility Insurance with the Vermont DMV.

What is Financial Responsibility Insurance. The FAA has special reporting requirements for certain Motor Vehicle Actions including Vermont DUI convictions and implied consent civil license suspensions. You have an absolute constitutional right to represent yourself on any criminal charge no matter how serious including an Vermont DUI. Keep in mind that DUI defense is a complicated area of the law as shown by the information here.

Changes in DUI Laws on the Horizon?

In response to a recent string of fatal crashes caused by DUI drivers, the state Legislature has set its sights on strengthening DUI penalties in Washington. An overhaul of DUI law must actively target the underlying cause of recidivism, while acknowledging that for many, a DUI is an isolated incident; a stupid mistake in an otherwise law-abiding life. Mandatory minimum penalties start at 24 consecutive hours in jail; $941 fine/court assessment; a 90-day license suspension; court-ordered alcohol evaluation, treatment, and victim impact panel; a one-year ignition interlock device requirement; five years of probation; and mandatory 12- hour impoundment of the vehicle immediately following arrest. A person convicted of DUI may never vacate that conviction. This ensures a lifetime of shame and stigma even for those who never reoffend, and puts DUI offenders into the same category as violent felons and sex offenders.

The Legislature has amended RCW 46.61.5055, the statute prescribing DUI penalties, 11 times in the past 10 years; three times in 2012 alone and twice in 2011. DUI is not a subject area ignored by lawmakers where the crime’s impact on society has significantly outpaced stiffer sentencing. Proposals include making the third DUI a felony; requiring impounded vehicles be outfitted with IIDs before releasing the vehicle; random sobriety checkpoints; increasing jail sentences for repeat offenders; a 10- year prohibition on the consumption or purchase of alcohol following the third DUI conviction; faster filing of charges; and mandatory jail booking following arrest. Requiring installation of IID devices on impounded vehicles is likely to run into various constitutional challenges, and may cause more harm than good especially where the DUI offender has borrowed the vehicle from a family member or friend. Mandatory jail booking following arrest will cause a massive need for more jail space and money to pay for it.

The feasibility of the proposed changes is being hotly disputed, even by law enforcement and prosecutors. Stiffening DUI penalties to deter repeat offenders or even first-time offenders is a worthwhile goal for the Legislature and for society.

Consequences of Underage Drinking and Driving In New Jersey, you must be at least 21 years of age to purchase, possess or consume alcoholic beverages. If you are under 21 and buy or drink alcohol in a place with an alcoholic beverage license, you may be fined $500 and lose your driver license for six months. If you are under 21, drive with any detectable amount of alcohol in your system and are convicted for violating New Jersey’s zero tolerance law, the penalties are: n Loss or postponement of driving privileges for 30 to 90 days n 15 to 30 days of community service n Participation in an alcohol and traffic safety education program It’s not what you drink… but how many drinks you have. Although the law refers to a 0.08 percent BAC, you can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent.

If you consume any amount of alcohol and your driving is negatively impacted, you can be convicted of drunk driving. You can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated law. What follows is a summary of the penalties that result when a person is convicted of violating New Jersey’s DWI law. The ignition interlock device, which measures the driver’s blood alcohol level, may be required for up to three years following license restoration after a DWI conviction. Any person may start a motor vehicle equipped with an interlock device for safety reasons or to repair the device or motor vehicle, but the convicted offender may not operate the vehicle.

A person who, on behalf of the convicted offender, blows into an interlock device to start a motor vehicle or tampers with the device to circumvent its operation may be charged with a disorderly persons offense. Driving With A Minor A parent or guardian who is convicted of driving while intoxicated and had a passenger in the motor vehicle 17 years of age or younger, is also guilty of a disorderly persons offense. A person forfeits the right to operate a motor vehicle for a maximum of six months and must perform community service for up to five days.